QRF Status and Annual Reporting
A QRF is required, during the QRF’s fiscal year, to employ Individuals with a Disability for not less than 75 percent of the total work hours of direct labor required for the manufacture or provision of all products or services produced by the QRF. The 75 percent direct labor requirement need not be met with respect to each product or service provided by the QRF, or with respect to each contract the QRF enters into under the QRF Program.
If the Department determines that a QRF is noncompliant with any requirements of ORS 279.835 (Definitions for ORS 279.835 to 279.855)(5), the Department will issue a written notice to the QRF. The written notice will state the reasons the QRF is not compliant and provide potential remedies.
A QRF receiving notice of noncompliance under this subsection must respond to the Department within thirty (30) calendar days of the date of the Department’s notice. The QRF’s response must acknowledge receipt of the notice and describe a corrective action plan.
If the QRF does not respond within thirty (30) calendar days from the date of the written notice, the Department will issue to the QRF written notice of the proposed termination of the QRF’s participation in the QRF Program. The Department’s written decision under this subsection constitutes a final order under ORS 183.484 (Jurisdiction for review of orders other than contested cases).
If the QRF fails to achieve compliance within the time prescribed by the Department, the QRF will receive a written notice of termination.
The QRF may submit a written appeal to the Department within ten (10) calendar days of the date of the termination notice. The appeal must state the QRF’s grounds for appealing the decision. If the QRF does not appeal the Department’s decision, the termination of the QRF’s participation in the QRF Program is final.
On appeal, if the Department determines the QRF is then qualified, it will send the QRF notice of qualification. If the Department does not find the QRF qualified, it will provide the QRF a written decision that states the reasons for that determination. The Department’s written decision under this subsection constitutes a final order under ORS 183.484 (Jurisdiction for review of orders other than contested cases).
After any termination of a QRF’s participation in the QRF Program, the QRF may not enter into or renew any contracts under the QRF Program. Termination of QRF status also constitutes sufficient grounds for an Agency to terminate any contract procured under the QRF Program. The Department will post notice of the termination of a QRF’s participation in the QRF Program on the website or other accessible online posting address administered through the Department. The QRF may re-apply no earlier than one year from the date the termination became final.
Nothing in this rule may be construed as prohibiting the Department and the QRF from resorting to informal dispute resolution measures such as non-binding arbitration or mediation.